Shandong Provincial Government Procurement Management

Original Language Title: 山东省政府采购管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201310/20131000392237.shtml

Shandong provincial government procurement management

    (June 14, 2013 7th meeting consideration of the people's Government of Shandong province by Shandong provincial government order No. 262, July 2, 2013 release come into force on September 1, 2013) Chapter I General provisions

    First in order to standardize government procurement practices, improving the quality and efficiency of government procurement, protect the legitimate rights and interests of the parties in government procurement and promoting clean government, in accordance with the People's Republic of China Government procurement law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article on government procurement within the administrative area of the province, these measures shall apply.

    Tendering for government procurement projects according to law, in accordance with the laws, rules and regulations relating to bidding implementation; laws, rules and regulations relating to bidding not regulation or Government procurement projects without bidding, according to law, in accordance with the Government procurement provisions of laws and regulations and these rules.

    Government procurement article should follow the openness, fairness, impartiality and good faith principles, the implementation of separation of regulatory and operations management system.

    Fourth government procurement policies should contribute to the realization of economic and social development goals, implementation of energy conservation, environmental protection and the promotion of small and medium enterprises development policy measures. Government purchase should purchase their own goods, construction and services.

    Imports of procurement of goods, construction and services shall comply with public procurement laws and regulations and the conditions approved by the Finance Department. Fifth financial Department of the people's Governments above the county level shall be responsible for supervision and administration of government procurement.

    Supervision and auditing departments to perform their supervisory and management functions relating to government procurement activities.

    Sixth information shall be specified by the provincial financial Department on government procurement government procurement information released to the public in a timely manner in the media, except that involve State secrets and commercial secrets.

    Provincial financial departments should strengthen the construction of information on government procurement, develop unified planning, unified standard for building electronic government procurement supervision and trading platform.

    Government Procurement Chapter budgeting and planning Article seventh purchaser at the time of preparation of the annual budget shall be in accordance with the buyer's directory quotas and procurement presentation of government procurement budgets.

    Session appended or adjustment of departmental spending in government procurement projects, which should include additional or adjust the Government's procurement budget.

    Concentrated purchase catalog and purchase limits prescribed in the previous standard, which belongs to the provincial budget, determined and published by the provincial financial Department; under the provincial budget, determined by the municipal districts and published. Article eighth purchase shall reply within 2 months after the preparation of the Government procurement budget plan on government procurement, approval of the financial sector.

    Government procurement procurement project should be of the same heading in the budget presentation of a government procurement program.

    Government procurement plan should clearly purchase items, organizational forms, purchasing and procurement, and more.

    Nineth open tenders for goods and services according to law, due to exceptional circumstances require an open tender procurement method other than, the procuring entity shall submit purchase plan prior to approval of the Finance Department.

    Inviting single source tendering, competitive negotiations, purchasing, quotation and other procurement methods as prescribed by laws and regulations, shall conform to the provisions of laws and regulations on government procurement situation.

    Use of single source procurement ways and belongs to only purchase from a sole supplier, shall be specified by the financial Department of the people's Government of the Province Government procurement information on the media publicity.

    Tenth government procurement budget should be implemented before the end of November in the year and sign a government procurement contract belongs to the supplementary budget, should be performed within 3 months of the supplementary budget and Government procurement contracts signed is not completed, shall be submitted to the financial Department of the people's Government at the writing situation.

    Budget without special reasons, before the implementation of government procurement by the financial sector to recover. 11th government procurement must be performed in accordance with the approved budget and schedule.

    Not compiling budgets and plans of government procurement projects, the procuring entity shall not implement, not to pay the purchase funds.

    Chapter on government procurement organization 12th the procuring entity, the purchasing agency shall, in accordance with the approved procurement procedures the implementation of procurement.

    Procurement agencies including central purchasing agencies and community agencies.

    Agency shall establish an internal management system for centralized procurement and purchase price monitoring system and standardize the Procurement Act, improve quality and efficiency, implement purchase price below the average market price and procurement project may not be delegated to other organizations or individuals.

    Social agencies corresponding qualifications shall be made according to state regulations, procurement business in acting within the law.

    13th the procuring entity shall, in accordance with regulatory provisions on government procurement, procurement items commissioned by the Government procurement agency in a timely manner and the signed agency agreements.

    The procuring entity shall, in accordance with the principle of open selecting procurement agencies, trust does not meet the requirements of the procurement agency.

    14th the procuring, purchasing agent should be proofed according to characteristics and needs of the project, preparation of procurement documents accurately and completely, and in accordance with the relevant provisions of national and provincial publishing procurement notices.

    Procurement files should be full disclosure of procurement information, indicating the substantive requirements, criteria and evaluation methods, indicate whether to allow the purchase of imported products, and in accordance with the implementation of government procurement policies and measures with clear priorities or mandatory purchasing requirements and scoring criteria. Need to pay a security deposit of, should be set out in the purchase document. Suppliers can use the Bank bills and security deposit in the form of a letter issued by specialized organizations.

    Form of guarantee to pay, purchase, purchasing agency may refuse.

    15th purchase documents containing the specification shall conform to the national standard requirements and provincial provisions, there shall be no restriction, exclusion of potential suppliers of the following content:

    (A) establish the qualifications, skills, business conditions and purchasing project-specific features and not adapted to real needs and has nothing to do with the performance of the contract;

    (B) determines or specifies a particular patent, trademark, brand, country of origin or supplier;

    (C) specific administrative area, or industry-specific performance, award as scoring or winning bid (deal) conditions;

    (D) in respect of the same items to vendors have different project information;

    (E) other unreasonable conditions, exclusion of potential suppliers. 16th vendor shall purchase document request bids (response) files.

    Tender (responding to) the document should make a substantive response to the procurement file. Supplier shall, prior to the deadline specified in procurement documents, tender (responding to) the files sealed delivered to a designated place.

    Procurement, procurement agencies received bid (responding) file should be signed for saving.

    Article 17th bid (offer) should be in the file to determine the time and place is open, by the purchaser, vendor, and interested parties to attend.

    Bid (offer) when the bidding of vendors or their elected representatives (response) files sealed, can also be commissioned by the procuring Agency and notary the notary examination; after it has been confirmed, opened in public by the staff, read out the vendor name, price and tender (responding to) the other main contents of the file.

    Article 18th tender (responding to) the file one of the following circumstances shall, in accordance with valid bid (responding) file processing:

    (A) submitted after the prescribed deadlines;

    (B) not according to purchase documents require sealed, signed and sealed;

    (C) deposit not according to stipulations;

    (D) do not have the eligibility requirements specified in procurement documents;

    (E) not approved by the financial sector, with imported products;

    (F) the bidding purchasing budget;

    (VII) not fully respond to the substantive requirements under procurement documents;

    (VIII) do not comply with the laws and regulations of other cases. 19th procurement agency should be in accordance with the Government procurement law and regulations established Evaluation Committee or negotiating groups, single source procurement group, the inquiry Panel (hereinafter the Review Committee). Review by the purchaser on behalf of the Committee and review experts.

    Procurement representative should obtain legal representative authorized in writing, and shall not serve as judges in charge of the Commission. Review Committee members and suppliers have an interest, must be avoided.

    Suppliers that the Review Committee members and other suppliers and their own interest, shall apply for his withdrawal. Experts from purchasing agents from the province, the Government procurement experts randomly. Extraction could not meet the review requirements of the number of experts, approved by the financial Department of the people's Government at the selective targeting can be taken up.

    Extraction and use of reviewers should be kept strictly confidential. 20th members of evaluation committees should be independently reviewed, abide by discipline.

    Disputes on particular needs identified, shall be made in accordance with the principle of majority rule review conclusions. Review work should be conducted in strict confidentiality. Review sites should have a sound and video recording equipment.

    Procurement, procurement agency should review all video recordings, and at least 2 years.

    Review Committee members and persons associated with the assessment should be reviewed and informed review of State and commercial secrets confidential.

    21st in the procurement activities, any of the following circumstances, procurement, procurement agency should be void or termination of procurement activities, the reasons in writing and inform all suppliers:

    (A) after the end of the bidding deadline to participate in bids suppliers less than 3, meet the conditions specified in the tender documents of the supplier less than 3 or substantive responses to the tender document suppliers less than 3;

    (B) the violation affected purchasing fair;

    (C) vendor quotations are over budget;

    (Iv) major changes, cancellation of the purchase.
Apart from the fourth requirement in the case of the preceding paragraph, buyer procurement, procurement agencies should be reorganized.

    22nd through public tenders procurement of goods, services, the first of the circumstances prescribed in the first paragraph of the article 21st, after the annulment, procurement, procurement agency to reorganize the tenders or written consent of the supplier and after they have been approved by the financial sector, changing procurement in accordance with the following provisions:

    (A) the supplier only 2, could be changed to competitive negotiation way by procuring, purchasing agent as a process of competitive negotiation organization, submission of response files or file a substantive response to the negotiations of the supplier only 1, shall terminate the negotiations, reorganizing the procurement; (B) the supplier only 1, after publicity without objection as required by the financial sector, could be changed to single source procurement methods.

    Change purchase after the final transaction price shall not be higher than the lowest price bidding suppliers.

    Article 23rd competitive negotiated procurement, submitted a response file or file a substantive response to the negotiations of the supplier only 2, buyer, procurement agency in a written consent of the supplier and after they have been approved by the financial sector, can continue to be competitive negotiation procurement; only 1, shall terminate the negotiations, reorganizing the procurement.

    24th government procurement projects of the winning bidder (sold) suppliers, determined in accordance with the following provisions:

    (A) procurement of goods, services, project bidding at the lowest bid evaluation method or the comprehensive scoring method to determine;

    (B) use of competitive negotiation procurement from collective negotiations with the suppliers individually to all members of the Review Committee, based on quality and service can meet the procurement documentation requirements and the lowest principle;

    (C) inquiry procurement, by the jury to compare vendors a one-time offer, based on quality and service can meet the procurement documentation requirements and the lowest principle. 25th review ended, members of the Review Committee shall provide the signatures of all the members of the review report, recommending the successful bidder (sold) vendors. Dissident members of the Review Committee shall sign the assessment report differences of opinion and state the reasons; do not sign different opinions, agrees. Procurement agency shall review report will be sent within 2 working days procurer. The procuring entity shall, within 3 working days after receiving the review report, as recommended in the review report of the winning bidder (contract) bid for candidate supplier order (deal) suppliers.

    Prior written authorization of the purchaser can also review Committee to directly determine the winning bidder (sold) vendors.

    26th a winning bidder (sold) vendor determined after the procurement agency should be in accordance with the regulations in the procurement notice published announcements in the media, to the winning bidder (sold) vendor bid-winning (transaction) notice.

    Purchasing, procurement agency should be the successful bidder (contract) notice of return within 5 business days after the winning bidder (sold) vendor's margin.

    27th article in the procurement activities, the procurement the parties and members of the Review Committee shall not have the following malicious complicity:

    (A) purchasing or procurement agency disclosed to the vendor review committee membership or incite suppliers replaced, modified tender (responding to) files;

    (B) consultations between the supplier quotation, technical programme tender (responding to) the substantive content of the file;

    (C) the supplier prior agreement from a vendor bid (sold);

    (D) the supplier contractual waiver of tender (offer) or the winning bidder (sold);

    (E) suppliers belonging to the same group, associations, chambers of Commerce and other organizations, and according to the requirements of the Organization coordinate bids (offers);

    (Vi) other acts of collusion.

    The fourth chapter on government procurement contracts 28th the procuring entity with the winning bidder (sold) the suppliers shall bid (deal) in the 15th from the date the notice is issued, in accordance with procurement documents and tender (responding) files to determine matters of government procurement contracts signed.

    Buyer shall, within 7 working days from the date of signing the contract, will be reported to the financial Department of the people's Governments at the same level for the record a copy of the contract.

    Purchasing, procurement agency is allowed to bid (deal) offered any unreasonable demands as a condition for contracting shall not depart from the substantive content of the contract agreement with the supplier.

    Purchaser, purchasing agency shall be returned within 5 working days after signing the contract the successful bidder (sold) vendor's margin. 29th the winning bidder (sold) vendor without a legitimate reason not to sign the contract with the procuring, deposit is not refundable, purchasing, procurement agency turned over at the Treasury; losses caused to the purchaser, shall bear the liability for damages.

    Procurement shall reorganize procurement. 30th the winning bidder (sold) the supplier shall strictly comply with government procurement contracts.

    Supplier fails to perform or to perform full contract, shall bear legal liability.

    Supplier fails to perform the contract, the procuring entity to reorganize the purchase, can also be reported to the financial Department of the people's Government at the approval, and ranked in the winning bidder (sold) after the supplier's first winning bid (deal) prospective vendors to sign the contract.

    31st in the process of implementation of government procurement contract, purchase one additional identical to the contract goods, construction and services, additional government procurement budgets and do not change under the other terms of the contract, with the winning bidder (sold) vendor contracts, but all the additional contract of procurement amount must not exceed the original contract amount of 10%.

    Article 32nd buyer or its authorized suppliers of procurement agency should fulfill contractual obligations within 7 working days from the date, to acceptance of the contract compliance, procurement representative shall withdraw from participating in the review; government procurement for large or complex projects, should be employed nationally recognized quality inspection and testing institutions to participate in.

    33rd the procuring entity shall, in accordance with the Government procurement contract to the financial sector in a timely manner, for a payment or to pay purchase funds.

    Government procurement saving budget funds by the financial sector to recover.

    The fifth chapter questions and complaints Article 34th vendors consider purchasing documents, procurement processes, and the winning bidder (sold) results of harm is done to their own rights, you can know or should know that their rights are being infringed within 7 working days from the date, in writing to the purchaser, purchasing agent was questioned.

    To question the purchase documents, shall submit tender (responding) documents submitted before the deadline.

    35th purchasing or procurement agency upon receipt of the supplier's written questions shall be signed for receipt. Procurement or purchasing agent shall sign a receipt within 7 working days from the date responded to the question matters be dealt with in accordance with law and written notices questioning related to suppliers and other vendors.

    Questioned matter is established, shall suspend the procurement activities and to correct them.

    36th suppliers not satisfied with the reply, or buyer, procurement agency fails to reply, you can reply within 15 working days after the expiry written complaints to the financial Department of the people's Government at the and sets out specific issues and facts.

    Supplier shall not fabricate facts on false complaints.

    Financial Department of the 37th after receiving the complaint, shall, within 5 working days to review and handle it in accordance with the following provisions:

    (A) the complaint does not belong to the jurisdiction of the Department and forwarded to the Department having jurisdiction and shall inform the complaints from suppliers;

    (B) the supplier, by the complainants does not belong to the Government procurement activities directly a party, all complaints without question, or exceed validity of the complaints, as invalid complaint, notify the supplier shall not accept complaints;

    (C) materials are incomplete or unsubstantiated complaints, written complaints against supplier deadlines spelled out cannot inform the complaints the supplier or suppliers without due cause fails to rectify the complaints, as have given up;

    (D) meet the required conditions, be admissible.

    Article 38th financial sector after the complaint, it shall, within 3 working days by the complainants and other suppliers to send a copy of the complaint.

    Respondent shall be received within 5 working days from the date on which the copy of the complaint, an explanation in writing to the financial sector, and submitted to the relevant evidence, evidence and other relevant material.

    During the 39th financial departments in the handling of complaints, that complaints may influence the successful bidder (sold) results, may by notice in writing, procurement agencies to suspend purchases of the procuring activity, but suspended the time shall not exceed 30th. 40th financial departments should take a written review to deal with complaints.

    If necessary, you can investigate evidence or cross-examination.

    Financial departments shall carry out investigations, complaints against the supplier, by the complainants as well as the relevant units and individuals shall cooperate and truthfully report the situation, providing related materials.

    41st financial departments shall receive complaints within 30 working days from the date, treatment decision on complaints, written notification the supplier complaints, complaints and other complaints deal with a stake in the outcome of government procurement the parties.

    Financial sector in the process of handling complaints, matters related to the need to carry out inspection, testing and verification, required not included in the complaint expires.

    The sixth chapter the supervision and inspection

    42nd financial departments should strengthen the Government procurement the parties, review experts, procurement activities, as well as contract and monitor the performance of management, establish and perfect the mechanism of supervision and inspection, timely correction of illegal acts in the procurement process.

    Financial departments should be organized on a regular basis to review the procurement agency, and publicize.

    Article 43rd financial departments shall supervise and inspect the following acts of the procuring:

    (A) implementation of the procurement policy of the Government;

    (B) budgeting and planning and implementation of government procurement;

    (C) acceptance of the conclusion and performance of government procurement contracts, and the payment of funds;

    (D) implementation of the approval and record-keeping matters;

    (E) questions about the supplier's handling of the case;

    (Vi) other matters stipulated by laws and regulations.

    Article 44th of procurement agency of the financial departments shall supervise and inspect the following acts:
(A) implementation of the procurement policy of the Government;

    (B) Government procurement agent qualifications and scope of business;

    (C) Government procurement information dissemination and implementation of the procurement documentation and other organizations;

    (D) evaluation experts decimation and use;

    (E) the actual purchase price and the average market prices in the same period the variance;

    (Vi) questions about the supplier's handling of the case;

    (G) internal system construction and implementation of supervision and restriction mechanism;

    (H) other matters stipulated by laws and regulations.

    Article 45th financial departments should strengthen the evaluation experts participating in review activities, abide by the discipline of work supervision and inspection, to deal with the violation punishment according to law.

    Purchaser, purchasing agent should be to record the review experts to participate in the procurement activities of the Government, and shall promptly report to the financial sector. Article 46th auditing and supervision Department shall audit of procurement activities and monitoring of the Government.

    Other relevant departments shall, in accordance with the Division of responsibilities, strengthen the supervision and management of procurement activities of the Government, informed of the situation.

    47th article of any units and individuals the right to report violations of the procurement activities of the Government, the departments concerned upon receipt of the report shall be promptly disposed of.

    The seventh chapter legal liability

    48th article violates these rules, the procuring entity in any of the following circumstances, the rectification of the financial sector, given a warning and or the supervision authority directly responsible for the appointment and removal of managers and other persons directly responsible shall be disciplined and circulate constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) not compiling government procurement budget and procurement plan without authorization;

    (B) without the approval of purchasing imported products;

    (C) the violation charged or not to refund the deposit as required;

    (D) there is collusion in procurement activities;

    (E) procurement documents with restriction, exclusion of potential suppliers;

    (F) breach determine the winning bidder (sold) vendors;

    (VII) refused to cooperate with the Finance Department to handle complaints, the tipoff.

    49th article violation this approach provides, social agent institutions has following case one of of, by financial sector ordered deadline corrected, in accordance with legal, and regulations of provides for punishment; legal, and regulations not provides of, at 10,000 yuan above 30,000 yuan following of fine, suspended its in this administrative within 1-3 years of government procurement business agent qualification; plot serious of, law canceled its business agent qualification; constitute crime of, law held criminal:

    (A) procurement procurement methods and procedures for organizations that are not in accordance with the regulations;

    (B) the violation charged or not to refund the deposit as required;

    (C) procurement documents with restriction, exclusion of potential suppliers;

    (D) not to publish information on government procurement;

    (E) illegal extraction and using the expert;

    (F) acts of collusion in procurement activities;

    (VII) refused to cooperate with the Finance Department to handle complaints, reports or reject government procurement supervision and inspection;

    (VIII) other acts in violation of laws and regulations.

    Centralized purchasing agencies set out in the preceding paragraph, the rectification of the financial sector, given a warning and or the supervision authority directly responsible for the appointment and removal of managers and other persons directly responsible shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    50th article violates these rules, suppliers of any of the following acts, by the financial sector in accordance with the laws and regulations of punishment; not provided for in the laws, regulations, and fines of between 10,000 yuan and 30,000 yuan, on a record of bad behavior list, prohibit their participation in government procurement activities in 1-3 constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) there is collusion in procurement activities;

    (B) without justifiable reason not to sign contracts with the purchaser;

    (C) fabrication of false facts;

    (D) refused to cooperate with the Finance Department to handle complaints, tipoff;

    (E) other acts in violation of laws and regulations.

    51st Review Committee members review violated work discipline or collusion other violations, such as assessment of, and given a warning by the financial sector in serious cases, cancel their expert qualifications, and a fine of less than 2000 Yuan and 20,000 yuan belonging to national staff and disciplined by the appointment and removal or the supervisory organs constitutes a crime, criminal responsibility shall be investigated according to law.

    52nd this way violations listed in the 48th to 51st, influence the successful bidder (sold) results or may affect the successful bidder (sold) results, are handled by the Finance Department in accordance with the following provisions:

    (A) does not determine the winning bidder (sold) supplier, terminate the procurement activities, reorganizing the procurement;

    (B) the successful tenderer (deal) suppliers have been identified but have not yet signed the purchase contract, the winning bidder (sold) results, reorganize procurement;

    (C) the purchase contract has been signed but has not yet been fulfilled, to cancel the contract, be decided from among candidates qualified bid, clinching the winning bid (deal) suppliers; not sure, reorganized the procurement;

    (D) procurement contracts have been fulfilled, causes losses to the purchasing party, by the relevant responsible persons liable.

    53rd finance ministries and other relevant departments and their staff, government procurement, regulatory dereliction of duty, abuse of authority or engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter by-laws

    54th into County Government procurement government procurement management at township level, and the specific measures prescribed by the district municipality.

    55th article of the way the meaning of the following terms:

    (A) Government procurement the parties refers to in the procurement activities of the Government shall have the rights and obligations of the different kinds of subjects, including procurement, suppliers and procurement agency.

    (B) the procuring entity, refers to the law of government procurement of State organs, institutions and organizations. 56th article of the rules take effect on September 1, 2013.